MDM24016 GL4 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: To amend the preamble.

IN THE SENATE OF THE UNITED STATES—118th Cong., 2d Sess.

S. Res. 169

Expressing the sense of the Senate that Secretary of Home-

land Security Alejandro Nicholas Mayorkas does not
have the confidence of the Senate or of the American
people to faithfully carry out the duties of his office.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. MARSHALL
Viz:
1 Strike the preamble and insert the following:
Whereas while serving as Secretary of Homeland Security,
Alejandro Nicholas Mayorkas, in violation of his constitu-
tional oath, has engaged in a pattern of conduct that is
incompatible with his constitutional and statutory duties
as Secretary of Homeland Security, including by—
(1) failing to ‘‘take all actions the Secretary de-
termines necessary and appropriate to achieve and
maintain operational control over the entire inter-
national land and maritime borders of the United
States’’, as required under section 2(a) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note), which in-
cludes ‘‘the prevention of all unlawful entries into
the United States, including entries by terrorists,
MDM24016 GL4 S.L.C.

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other unlawful aliens, instruments of terrorism, nar-
cotics, and other contraband’’, as evidenced by—
(A)(i) nearly 10,000,000 illegal aliens
crossing the United States southern border dur-
ing Secretary Mayorkas’ term in office, includ-
ing aliens encountered by U.S. Customs and
Border Protection and known got-aways;
(ii) 33 months with more than
150,000 illegal border crossings; and
(iii) 19 months with more than
200,000 illegal border crossings;
(B)(i) the apprehension of 98 individuals
that match records within the Terrorist Screen-
ing Database at the southern border between
ports of entry during fiscal year 2022, which is
more such apprehensions than occurred during
the previous 5 years combined; and
(ii) the apprehension of 80 such indi-
viduals during fiscal year 2023;
(C) U.S. Customs and Border Protection’s
April 2022 apprehension and release into the
United States of an illegal alien who was on the
Federal Bureau of Investigation’s Terrorist
Watchlist and who roamed free for 3 weeks be-
fore finally being reapprehended;
(D) the 2023 illegal entry into the United
States of a group of aliens from Uzbekistan
who requested asylum and were later discovered
by the Federal Bureau of Investigation to have
traveled to the United States border with the
aid of a smuggler with ties to the Islamic State
of Iraq and Syria; and
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(E)(i) the failure of the Department of
Homeland Security, under the leadership of
Secretary Mayorkas, to comply with provisions
of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), which require the deten-
tion of inadmissible aliens arriving in the
United States or aliens who are physically
present in the United States without inspection
until processed; and
(ii) the implementation by Secretary
Mayorkas of unlawful and misguided
catch-and-release directives, such as the
Notice to Report process and the parole
plus Alternatives to Detention process,
which have resulted in the reckless release
of more than 1,400,000 illegal aliens into
the interior of the United States; and
(2) gravely endangering the national security of
the United States, undermining the operational con-
trol of our southern border, and encouraging illegal
immigration by—
(A) terminating contracts for additional
border wall construction for which Congress ap-
propriated funding; and
(B) issuing memoranda rescinding the Mi-
grant Protection Protocols (commonly known as
‘‘Remain in Mexico’’), which was an indispen-
sable tool to address the border crisis and re-
store integrity to the immigration system;
Whereas Secretary Mayorkas, in the memorandum announc-
ing the termination of the Migrant Protection Protocols
program (referred to in this preamble as ‘‘MPP’’) on
June 1, 2021, acknowledged, ‘‘some removal proceedings
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conducted pursuant to MPP were completed more expedi-
tiously than is typical for non-detained cases’’;
Whereas Federal authorities seized more than 14,000 pounds
of illicit fentanyl along the southwest border during fiscal
year 2022, 27,000 pounds of illicit fentanyl during fiscal
year 2023, and 3,500 pounds of illicit fentanyl in the
first 3 months of fiscal year 2024, which is evidence of
increased efforts by transnational criminal organizations
to traffic dangerous substances into the United States;
Whereas, according to the Centers for Disease Control and
Prevention—
(1) more than 107,000 Americans died of drug
overdoses in 2021, which exceeded the number of
such deaths in any previous year;
(2) more than 109,000 Americans died of drug
overdoses in 2022; and
(3) approximately 2⁄3 of these overdose deaths
were caused by synthetic opioids (primarily
fentanyl);
Whereas under the leadership of Secretary Mayorkas, the De-
partment of Homeland Security formally opposed efforts
to keep in place the order of suspension issued by the Di-
rector of the Centers for Disease Control and Prevention
under section 362 of the Public Health Service Act (42
U.S.C. 265) as a result of the public health emergency
relating to the COVID–19 pandemic (commonly known
as the ‘‘title 42 order’’) in order to prevent a crisis on
the southern border;
Whereas with the termination of the title 42 order, the De-
partment of Homeland Security is planning to reroute
asylum and parole applicants through the CBP One mo-
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bile application and formal parole programs in order to
obscure border encounter numbers;
Whereas on multiple occasions while serving as Secretary of
Homeland Security, Alejandro Nicholas Mayorkas, in vio-
lation of his constitutional oath, has willfully provided
perjurious, or false and misleading testimony to Con-
gress, including—
(1) on April 28, 2022, during a hearing of the
Committee on the Judiciary of the House of Rep-
resentatives, by responding to Congressman Chip
Roy’s question, ‘‘Will you testify under oath that we
have operational control of the border?’’, with ‘‘Yes
we do’’, despite the fact that, the term ‘‘operational
control’’ has been defined in law as ‘‘the prevention
of all unlawful entries into the United States, includ-
ing entries by terrorists, other unlawful aliens, in-
struments of terrorism, narcotics, and other contra-
band’’; and
(2) on November 15, 2022, during a hearing of
the Committee on Homeland Security of the House
of Representatives, by responding to Congressman
Dan Bishop’s question, ‘‘Do you continue to main-
tain that the border is secure?’’, with ‘‘Yes, and we
are working day in and day out to enhance security,
Congressman.’’;
Whereas section 1621 of title 18, United States Code, clearly
states that anyone under oath who ‘‘willfully and con-
trary to such oath states or subscribes any material mat-
ter which he does not believe to be true’’ is guilty of per-
jury and shall be fined or imprisoned not more than 5
years, or both;
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Whereas the record-breaking number of illegal alien encoun-
ters, including more 1,700,000 known ‘‘got-aways’’, the
record number of potential terror suspects, and the
record seizures of deadly fentanyl and other contraband,
confirm that Secretary Mayorkas has not taken all ac-
tions necessary to ensure operational control of the
southern border, as required by law;
Whereas U.S. Border Patrol Chief Raul Ortiz, in a field hear-
ing before the Committee on Homeland Security of the
House of Representatives, stated that U.S. Border Patrol
does not have operational control of the border, which di-
rectly contradicts Secretary Mayorkas’ April 2022 testi-
mony to the Committee on the Judiciary of the House of
Representatives;
Whereas in September 2021, while Alejandro Nicholas
Mayorkas was serving as Secretary of Homeland Secu-
rity—
(1) approximately 15,000 Haitian migrants
crossed the border from Mexico into the United
States and were concentrated in an encampment un-
derneath the international bridge between Mexico
and the Del Rio, Texas, Port of Entry and in sur-
rounding areas;
(2) mounted Border Patrol agents and troopers
with the Texas Department of Public Safety dis-
persed a large group of migrants gathered near a
boat ramp located in the United States along the
Rio Grande River, approximately 500 yards east of
the Del Rio Port of Entry and then attempted to
stop the flow of all migrants illegally crossing the
Rio Grande River into the United States at that lo-
cation;
MDM24016 GL4 S.L.C.

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(3) within hours of the incident described in
paragraph (2)—
(A) images and video surfaced on social
media that showed multiple Border Patrol
agents on horseback using their horses to keep
several illegal immigrants from entering the
United States after crossing the Rio Grande in
Del Rio, Texas;
(B) extremist liberal activists rushed to
judgement and falsely accused the agents of
whipping the illegal immigrants with their horse
reins, in spite of a statement by the photog-
rapher that the pictures were misconstrued as
showing abusive behavior; and
(C) some activists made the disgusting
false equivalency to slavery; and
(4) Secretary Mayorkas, after Assistant Sec-
retary of Homeland Security for Public Affairs Mar-
sha Espinosa emailed to him a news article explain-
ing that the photographer who took the images did
not see the agents whipping anyone—
(A) misled the general public by publicly
supporting the Biden administration’s false nar-
rative that Border Patrol agents whipped Hai-
tian migrants;
(B) participated in a White House press
conference during which he publicly and falsely
slandered the Border Patrol agents referred to
in paragraph (2), calling the images ‘‘horri-
fying’’ and an example of ‘‘systemic racism’’;
Whereas a 511-page report by the U.S. Customs and Border
Protection’s Office of Personal Responsibility found ‘‘no
evidence that [Border Patrol agents] involved in this inci-
MDM24016 GL4 S.L.C.

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dent struck, intentionally or otherwise, any migrant with
their reins’’;
Whereas the National Border Patrol Council, which is the
labor union representing Border Patrol agents and sup-
port staff, is considering supporting the impeachment of
Secretary Mayorkas;
Whereas the actions of Secretary Mayorkas’ department have
encouraged foreign nationals to attempt to illegally enter
the United States at historic levels, as evidenced by more
than 300,000 enforcement encounters along the southern
border in December 2023, which—
(1) is the highest number of such encounters
ever recorded in a single month; and
(2) is significantly higher than the average of
36,796 such encounters during each December in
the 21-year period ending on September 30, 2020;
Whereas a major component of these failed immigration en-
forcement policies is the Department of Homeland Secu-
rity’s disregard for its responsibility to enforce Federal
immigration laws, including Secretary Mayorkas’ abuse
of discretion in granting humanitarian parole, which, ac-
cording to section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A), is only to be
used on a ‘‘case-by-case basis for urgent humanitarian
reasons or significant public benefit’’, and has been used
by Secretary Mayorkas’ department to grant parole en
masse on multiple occasions, including new ‘‘Processes
for Cubans, Haitians, Nicaraguans, and Venezuelans’’,
which was announced in October 2022 and expanded in
January 2023;
Whereas the policies of the Department of Homeland Secu-
rity, under the leadership of Secretary Mayorkas, have
MDM24016 GL4 S.L.C.

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encouraged increased numbers of unaccompanied migrant
children to enter the United States during the 2-year pe-
riod immediately preceding the date on which this resolu-
tion was introduced, with large numbers of such children
revealed by the New York Times to have been forced into
dangerous jobs in violations of child labor laws;
Whereas on March 28, 2023, Ranking Member Senator
Lindsey Graham, during a hearing of the Committee on
the Judiciary of the Senate, pointed out that under Sec-
retary Mayorkas’ watch—
(1) the southern border of the United States
‘‘has gone from the lowest illegal crossings in De-
cember 2020 to all-time highs with over 2,000,000
last fiscal year’’;
(2) ‘‘fentanyl is coming in at a pace we have
never seen’’; and
(3) ‘‘more terrorists on the watch list are com-
ing than any time since we’ve been measuring these
things’’;
Whereas during the same hearing, Senator Josh Hawley—
(1) compared the CBP One mobile application
used to schedule appointments and request humani-
tarian parole and asylum to ‘‘a concierge service for
illegal immigrants’’; and
(2) commented to Secretary Mayorkas, ‘‘rather
than building a wall, Mr. Secretary, you have built
Ticketmaster for illegal immigrants’’; and
Whereas during the same hearing—
(1) Secretary Mayorkas told Senator Ted Cruz
that he did not recognize wristbands abandoned
along the border, which cartels commonly use for
human smuggling and trafficking and which act as
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a sort of registration system, with different colors
and patterns denoting the cartel responsible, how
many times a person has attempted to cross, and
how much they owe to the cartel; and
(2) Senator Cruz replied in frustration to Sec-
retary Mayorkas by calling him incompetent and
telling him, ‘‘If you had integrity, you would re-
sign.’’;
Whereas Secretary Mayorkas remains determined to quietly
continue a concerted effort to undermine immigration en-
forcement in the interior of the country;
Whereas since his first day in office, Secretary Mayorkas has
worked to incentivize illegal aliens to make the dangerous
journey to the southern border of the United States by
decreasing the likelihood that they will ever be removed;
Whereas one of Secretary Mayorkas’ first official actions was
issuing a complete moratorium on removals that was
blocked by a Federal judge;
Whereas Secretary Mayorkas issued a detailed memo that es-
tablished a list of factors that U.S. Immigration and Cus-
toms Enforcement (referred to in this preamble as
‘‘ICE’’) officers are required to consider before inves-
tigating, questioning, arresting, detaining, prosecuting, or
removing illegal aliens in the United States, which was
later expanded to prohibit ICE officers from initiating
immigration enforcement actions in a broad list of loca-
tions designated as ‘‘protected areas’’;
Whereas Secretary Mayorkas is developing an alarming new
program to be known as Release and Reporting Manage-
ment (referred to in this preamble as ‘‘RRM’’), which—
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(1) would increase illegal immigration by re-
warding lawbreakers and greatly reducing the num-
ber of aliens who would be subject to removal RRM;
(2) would apply to the entire non-detained
docket population of nearly 6,000,000 illegal aliens,
including criminals; and
(3) authorizes the provision of therapeutic serv-
ices, housing, psychosocial services, and food and
clothing for such aliens;
Whereas in 2022, Secretary Mayorkas launched a pilot pro-
gram, known as the ICE Secure Docket Card Program,
to provide illegal aliens with an federally-issued identi-
fication card upon release from ICE custody;
Whereas Secretary Mayorkas created and seeks to expand the
Case Management Pilot Program, which is overseen by
Church World Service (a nongovernmental organization
that has advocated for the abolition of ICE), to provide
United States taxpayer-funded aid to illegal aliens who
are facing removal;
Whereas due to the historic increase of inadmissible aliens at
the border, ICE Enforcement and Removal Operations
(referred to in this preamble as ‘‘ERO’’) has been forced
to divert its resources and personnel away from interior
enforcement (one of its primary areas of focus) to ad-
dress the crisis at the border;
Whereas Secretary Mayorkas continues to undermine ERO
by expanding lawful pathways for inadmissible aliens to
be protected from being removed;
Whereas ICE made only 142,580 removals during fiscal year
2023, which is nearly twice as many removals as were
made during fiscal year 2022, but is a small fraction of
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12
the nearly 2,500,000 southern border migrant encounters
during fiscal year 2023, and a significant decline from
the number of annual removals under the previous ad-
ministration;
Whereas the non-detained docket has nearly doubled during
Secretary Mayorkas’ watch to more than 6,000,000
aliens, including—
(1) illegal aliens who have been issued final or-
ders of removal; and
(2) aliens with pending cases, which includes
aliens who have been issued a Notice to Appear;
Whereas participants in the Intensive Supervision Appear-
ance Program, which has proven to be an effective elec-
tronic monitoring program to ensure compliance with
court appearances and removal orders for those on the
non-detained docket, plummeted from 384,119 in Decem-
ber 2022 to 194,427 as of September 30, 2023;
Whereas ICE removed only 212 unaccompanied minors dur-
ing fiscal year 2023 compared to 137,275 alien minors
who arrived at the southern border during that fiscal
year;
Whereas ICE removed 139 known or suspected terrorists
during fiscal year 2023, which—
(1) is a significant increase compared to the
previous 6 years during which no more than 58 sus-
pected terrorists were removed in any given year;
and
(2) indicates that more terrorist watchlist sus-
pects are arriving at the southern border;
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13
Whereas ICE enforcement during the previous administration
was significantly higher despite fewer illegal aliens at-
tempting to cross the southern border, as evidenced by—
(1) a previous administration peak of 851,000
migrant encounters at the southern border during
fiscal year 2019; and
(2) back-to-back fiscal years of at least
2,300,000 migrant encounters at the southern bor-
der under the leadership of Secretary Mayorkas,
with significantly lower removal rates;
Whereas on October 20, 2023, Secretary Mayorkas requested
significant supplemental funding for additional immigra-
tion detention beds, even though such beds are not being
used to maximum capacity;
Whereas ICE only had 36,263 aliens in detention as of De-
cember 17, 2023, but had the detention capacity for
more than 50,000 if Secretary Mayorkas had permitted
ICE to utilize such beds;
Whereas on November 3, 2023, employees at an immigration
processing center in Pine Prairie, Louisiana received no-
tices that the facility would cease operations on January
2, 2024; and
Whereas on November 30, 2023, media reports indicated that
ICE plans to close a 2,000-bed detention facility in
Adelanto, California: Now, therefore, be it